Legal Advisory Services

AI-generated analysis of the documents. Check the official notice and any amendments for current submission details.

1. At a glance

2. Scope of Work

The Pensions Authority requires legal advisory services through a multi-supplier framework agreement. The framework will be used to call off services as and when required. The services encompass a range of legal specialisms relevant to the Authority's functions.

Key services include:

• General Pension Advice: Domestic and EU advice, including obligations under EU law (IORP II and III) and the implementation of EU legislation.
• Pensions Reform: Legal advice related to ongoing and future pensions reform initiatives.
• Organisational Legal Advice: Advice on matters affecting the Authority's operations as a public sector organisation. This may include, but is not limited to:
• Data Protection
• Property law
• Protected Disclosures
• Intellectual Property/Information Technology (IP/IT)
• Freedom of Information (FOI)
• Pay Transparency
• Litigation
• Advice on UK law (this is expected to be rare and may require sub-contracting to UK law firms).

All services provided under the framework agreement will be subject to the terms and conditions of the Authority's standard Services Contract. Tenderers must be capable of providing advice across these specified areas.

3. Background & buyer context

The Pensions Authority is procuring legal advisory services via an open procedure to establish a multi-supplier framework agreement. This initiative aims to ensure the Authority has access to specialist legal expertise across pensions law, trust law, public administrative law, regulatory law, and tax law as it relates to pensions. The framework is intended to provide a flexible mechanism for the Authority to draw down legal assistance as needed, covering both general pension-related matters and advice pertinent to the Authority's operational and public sector functions. The estimated value of the framework over its potential four-year term is €1,951,219.51 (excluding VAT). The Authority's policy encourages participation from Small and Medium Enterprises (SMEs) and larger enterprises are encouraged to include SMEs in their proposals.

4. Eligibility & selection criteria

Tenderers must meet the following minimum requirements to be considered:

• Turnover requirement: A minimum average annual turnover of €500,000 for each of the last three consecutive financial years for which audited statements are available.
• Insurance:
• Employer's Liability: €13 million limit for any one claim or series of claims arising out of a single occurrence. Policy to be on a "claims occurring" basis.
• Public Liability: €6.5 million limit for any one claim or series of claims arising out of a single occurrence. Policy to be on a "claims occurring" basis.
• Professional Indemnity: €2 million limit in the aggregate per insurance year. Policy to be on a "claims made" basis.
• Cyber Insurance: €2 million limit in the aggregate per insurance year. Policy to be on a "claims made" basis.
• Certifications: Not specified for this tender.
• Past experience: Not specified as a distinct criterion, but implied through the need to demonstrate capability in the scope of work.
• Personnel: Not specified as a distinct criterion, but Tenderers must confirm suitably qualified personnel are available.
• Geographic / facility constraints: Not specified for this tender, beyond the requirement for insurance policies to include Ireland within their territorial limits and jurisdiction.

Tenderers must also declare, via the eESPD, that no mandatory grounds for exclusion apply or that sufficient measures are in place to demonstrate reliability if exclusion grounds exist.

5. Award criteria & scoring

The award of the framework agreement will be based on a combination of price and quality. Tenderers must achieve a minimum of 60% of the marks available overall. Specific scoring weights and thresholds for individual criteria are not detailed in the provided extract, but the evaluation will consider the criteria outlined in Part 3.3 of the RFT.

Note: The exact breakdown of scoring for quality and price is not provided in the extract.

6. Submission requirements

Tenders must be submitted electronically via the eTenders.gov.ie portal. Key submission requirements include:

• Method statement / response document: Tenderers must use the provided Tender Response Document (TRD) and not alter its format.
• CVs: Not explicitly mentioned as a separate submission item, but implied for proposed team members.
• Pricing schedule: Must be completed using the format specified in Appendix 2 of the RFT. All hourly and daily rates must be all-inclusive, in Euro, and exclusive of VAT. Rates must remain valid for 6 months from the Tender Deadline.
• Case studies: Not explicitly mentioned as a separate submission item.
• Declarations:
• European Single Procurement Document (eESPD) must be completed electronically.
• Tenderer's Statement (Appendix 3), signed and on letterhead.
• Declaration as to Personal Circumstances of Tenderer (Appendix 4).
• Tax Clearance Access Number and Tax Reference Number for online verification.
• Mandatory site visit: Not specified for this tender.
• Submission portal: www.etenders.gov.ie. File size limit of 250MB per file, with a total limit of 500MB. Tenders must be in Word (docx) or PDF format.

7. Key dates & process

8. Contract terms that matter

• Term: The framework agreement will have an initial term of two years.
• Extension: The Contracting Authority reserves the right to extend the term for up to two periods of twelve months each, not exceeding four years in aggregate.
• Payment terms: Payments will be made in accordance with the Services Contract at Appendix 6.
• Key SLAs/KPIs: Not specified in the provided extract.
• Liquidated damages or penalty regimes: Not specified in the provided extract.
• Termination clauses: The Framework Agreement and Services Contract include provisions for termination in cases of serious breach, insolvency, or failure to meet obligations.
• IP ownership: Not specified in the provided extract.
• Sub-contracting rules: Sub-contracting is permitted. If a subcontractor's capacity is relied upon for selection criteria, they must submit a separate eESPD. If subcontracting is not for selection criteria purposes but exceeds 10% of the Services Contract value, a separate eESPD is also required. The Prime Contractor is responsible for the overall service delivery.
• Parent-company guarantee or bond requirements: Not specified in the provided extract.

9. Risks, red flags & unusuals

• Multi-supplier framework: A minimum of three and a maximum of five framework members will be appointed. This indicates a competitive environment for call-off contracts.
• No minimum call-off: The Contracting Authority is under no obligation to purchase any minimum value of services under the framework or individual service contracts.
• Rate freeze: Hourly and daily rates quoted in tenders cannot be increased during the term, including any extensions. This requires careful pricing for potential long-term commitments.
• UK Law Sub-contracting: While advice on UK law may be required, it is expected to be rare. Tenderers must have the ability to sub-contract, but the Authority only expects to require this "rarely, if at all."
• Confidentiality of Information: Tenderers must clearly identify any information they deem confidential or commercially sensitive, with the Authority retaining discretion over disclosure under FOI legislation.

10. SME fit assessment

This tender is structured as a multi-supplier framework agreement, aiming to appoint between three and five framework members. This suggests it is open to firms of varying sizes, including SMEs, provided they can meet the selection criteria. The requirement for a minimum annual turnover of €500,000 for the last three years, alongside specific insurance levels, sets a baseline for financial stability and risk management.

Consortia and sub-contracting are permitted, offering a route for smaller firms to participate by partnering with others or by being sub-contracted by larger entities. The scope of services covers specialist legal areas, implying that firms with demonstrable expertise in pensions law, trust law, public administrative law, regulatory law, and tax law will be best positioned.

The bid preparation effort would likely involve compiling detailed responses on legal expertise, pricing schedules, and compliance documentation. The absence of a stated incumbent or specific past performance requirements suggests a competitive field, though the Authority's policy encourages SME participation, signalling an openness to new entrants.

11. Where to dig deeper

• Source RFT filename: RFT Legal advisory services.pdf
• eTenders CFT ID: 8794605
• Contact email or clarification portal: Messaging facility on www.etenders.gov.ie
• Most important attachments:
• Appendix 1: Requirements and Specifications
• Appendix 5: Framework Agreement
• Appendix 6: Services Contract